Domestic Violence Charges in Oregon

How Domestic Violence Charges and Convictions Can Change Everything

Domestic violence charges in Oregon are complex matters that must be carefully addressed alongside a criminal defence attorney. Criminal defence attorneys who have maintained a track record of success in these matters can help protect your livelihood and explore every legal option available to lessen the consequences of these very serious crimes.

These types of charges and convictions come with consequences beyond monetary fines and prison time, but also restrictions on your abilities to seek out meaningful employment, own firearms, and be an effective parent. It is in your best interests to retain the services of a qualified attorney as soon as you are charged and arrested, or in the midst of a formal investigation.

Common Domestic Violence Charges in Oregon

Domestic violence charges should be considered an umbrella term, as there are a variety of charges that can result from a domestic violence incident.

Some of the most common charges include:

• Assault
• Menacing
• Strangulation
• Harassment

Domestic violence charges are usually misdemeanours and not federal crimes. Whatever the case, all charges, whether federal or not, come with very serious repercussions

Definitions of Domestic Violence in Oregon

The Oregon Department of Human Services uses a wide-ranging definition for what constitutes domestic violence:

“There are many definitions of domestic violence used across the Department of Human Services. Some are in statute or rule, others are definitions used in practice. All include forms of physical injury/abuse, sexual abuse or assault, intimidation, verbal abuse and emotional abuse or threats of such. These tactics are used by one adult to coerce or control another.”

Source: Oregon Department of Human Services

The statutory definition in ORS 135.230 is less sweeping than that of DHS:

“Domestic violence means abuse between family or household members.”

“Abuse” means:

(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;

(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or

(c) Committing sexual abuse in any degree…

“Family or household members” means any of the following:

(a) Spouses.

(b) Former spouses.

(c) Adult persons related by blood or marriage.

(d) Persons cohabiting with each other.

(e) Persons who have cohabited with each other or who have been involved in a sexually intimate relationship.

(f) Unmarried parents of a minor child.

The Unspoken Consequences of Arrest and Jail Time Related To Domestic Violence

When police respond to a domestic violence call, the result is often that someone is arrested and taken to jail. Getting released from jail can be difficult, especially if the suspect lives with or near the alleged victim.

The accused will typically be released unless they can pay substantial bail, pay for an ankle monitor, and live at a residence that is a substantial distance away from the alleged victim. No contact will be allowed following an arrest, prompting immediate challenges to your family’s living arrangements. This could lead to sudden family separation and restrictions on your ability to communicate with the accused or their children. Financial distress is also a common result following an arrest, calling for new living arrangements for both parties.

In Oregon, if the accused cannot meet the conditions for release, he or she will likely stay in jail until trial or guilty plea. This is by design, as release upon a guilty plea is the carrot that domestic violence prosecutors hold out to obtain convictions.

Many dedicated prosecution teams specialize in obtaining domestic violence convictions. When a person is held in jail, unable to work, pay his family’s bills, or communicate with loved ones, he or she is likely to plead guilty if it secures his release. Very often, the sentence for domestic violence is credit for time already served in jail. However, jail is only part of the sentencing.

Family Separation As A Result of Domestic Violence

Once a person is convicted of domestic violence and released from jail, they are likely not able to go home to their original residence. Families sometimes rent a motel room for months to address these challenges or rely on extended family members to help each party establish a separate residence.

Only after completing a substantial portion of domestic violence treatment are most convicted abusers allowed home, and only with the blessing of the district attorney or the judge.

Implications On The Custody Of Your Children

Being convicted of a violent crime will quickly complicate your ability to parent. In some cases, your conviction will likely be used as evidence during a related divorce case. Your former partner will likely push to have your custody rights revoked, resulting in you potentially being considered unfit to parent. These cases are complex and are unique to Oregon law. This, of course, will change your life, creating lifelong custody challenges for both partners.

Should a divorce case result from your criminal charges, that too will have extensive implications on your quality of life. Clients may need to sell their home, their assets, and rearrange every detail of their life.

Required Domestic Violence Treatment

The convicted abuser will be required to complete domestic violence and anger management treatment post-conviction. The standard program is thirty-six to forty-eight weeks and requires weekly attendance. It must be paid for out-of-pocket or through insurance. Limited courses are available, and attending these courses can be both time-consuming and costly.

Those convicted will be compelled by law to attend these classes, and those who fail to participate are likely to experience additional consequences.

Child Welfare Repercussions As A Result of Domestic Violence

Domestic violence in the presence of children can constitute child abuse in Oregon, quickly complicating your case. Child Welfare officials from the Department of Human Services (DHS) commonly investigate families involved in these cases. Not only are alleged abusers under scrutiny, but the alleged victims are as well.

Child Welfare will want to know what steps are being taken to prevent future exposure to domestic violence and potentially treat for past exposure. Child Welfare officials are willing to take families to court to enforce compliance as related to their domestic violence case.

Firearm Rights & Domestic Violence Considerations

Misdemeanor domestic violence convictions lead to firearm prohibitions under state and federal law. The only ways for rights to be restored are an eventual motion to set aside the conviction or a petition for firearm rights restoration. Clients will not be able to legally purchase or possess firearms unless they petition the court to have their rights restored.

Without legal guidance from a qualified attorney, clients who are convicted of such crimes may never be able to have their firearm rights restored. Further, depending on the nature of your case, some clients may have their ability to possess firearms revoked for life.

Criminal Background Checks

Conviction of any kind of domestic violence charge will result in your name being present in criminal background checks for the indefinite future. This will complicate your ability to seek out new work opportunities, result in the revocation of your professional licenses, and complicate business dealings in many different ways. Having your name show up in a criminal background check will likely result in an employer passing on the opportunity to hire you, leaving you to seek out opportunities that are less than ideal.

When a person completes probation and their required treatment programs, after a specific amount of time,   the conviction is eligible to be set aside under the same rules as other convictions. Information about setting aside a conviction is available in the Rights Restoration section of our website.

Defending a Domestic Violence Case in Oregon

Domestic Violence charges require an attorney to get to work quickly on your case to gather evidence and articulate your defence. The attorney will likely need to get his client out of jail as soon as possible to lessen the consequences of the charges. The longer the accused stays locked up, the more likely he is to take a deal that gets them out of jail.

The case needs to be investigated immediately. The best defense to a criminal charge is innocence. Initial police reports often get the facts wrong, as police respond to a call and have to make quick decisions in the heat of the moment. Skilled investigators are necessary for presenting the truth, and your attorney will need to be involved in the process as soon as possible. Time is important here, and we encourage clients to only provide additional information to law enforcement until they have consulted with their attorney

Child Welfare may also be involved early on in your case. Both alleged abusers and alleged victims need an attorney with criminal and child welfare experience to look out for their best interests. Child Welfare involvement can add a new layer of stress to the family hardship that often accompanies domestic violence cases. Though the Child Welfare case is separate from the criminal case, the family is well-served by having legal representation in both areas. If things are under control as well as they can be on the home front, the accused can concentrate on doing what is best for his criminal case.

Explore Legal Representation On Behalf of Lohrke Law

Jesse Lohrke is an experienced child welfare and criminal defense attorney who understands how delicate and complex domestic violence cases are. He has an investigative team with extensive experience in these cases. He can advise clients through all criminal and child welfare aspects of their domestic violence cases, working to explore every legal option available.

These cases call for only the most experienced legal representation who can work in your best interests and potentially lessen the consequences that come from these types of cases. Not every attorney is qualified to handle such cases, and hiring those who are inexperienced or do not specialize in domestic violence and criminal defense can lead to some very unfortunate consequences.

Take these charges incredibly seriously from beginning to end. People make mistakes, and there are options for those who feel like there is nobody on their side. Lohrke Law is your partner during these difficult times.

Take part in a free consultation to learn more about your options. As you consider your legal options, keep in mind that Lohrke Law continues to represent clients from all walks of life, facing a long list of criminal charges tied to domestic violence.

Begin the process today and contact us directly to request a free consultation.